TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)

TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)

There was no abuse of process as the delay was not substantial and was largely accounted for by procedural developments and opposition to the petition. The company did not indicate an intention not to pursue the action sufficient to justify strike-out. The delay was not such as to justify discharge of the freezing order, as it was not caused by the company and was reasonable given the insolvency process.

Citation
[2012] EWHC 3323 (Ch)
Parties
Claimant: TAG Capital Ventures Limited (in liquidation); Defendant: Gary Potter
Jurisdiction
England and Wales
Judgment Date
23 November 2012
Procedural Posture
Application / Interlocutory Hearing
Outcome
Application dismissed
Legal Topics
Abuse of Process, Freezing Order, Liquidation, Delay in Prosecution
Civil Procedure Insolvency Company Law Abuse of Process Freezing Order Liquidation Delay in Prosecution

Case Brief

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Parties

TAG Capital Ventures Limited (in liquidation)

Claimant

Gary Potter

Defendant

Procedural Posture

Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether the action should be struck out for abuse of process
  2. 2 Whether the freezing order against the defendant should be discharged

Ratio Decidendi

There was no abuse of process as the delay was not substantial and was largely accounted for by procedural developments and opposition to the petition. The company did not indicate an intention not to pursue the action sufficient to justify strike-out. The delay was not such as to justify discharge of the freezing order, as it was not caused by the company and was reasonable given the insolvency process.

Court Disposition

Application dismissed

Orders

  • Application to strike out the action dismissed
  • Application to discharge the freezing order dismissed